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PETTY v. BARNES

70 A.D.3d 661 (2010)

894 N.Y.S.2d 85

JANE PETTY, Appellant, v. DANIEL BARNES et al., Respondents, et al., Defendants.

Appellate Division of the Supreme Court of New York, Second Department.

Decided February 2, 2010.

Ordered that the orders are affirmed, with one bill of costs.

The plaintiff, Jane Petty, was a long-time companion of the decedent Mowbray Barnes (hereinafter Mowbray). In 2004, Mowbray executed a power of attorney appointing Petty and informed her that he had established two Totten trust accounts for her benefit. In 2005, Mowbray, approximately 96 years old, began exhibiting symptoms of decreased cognitive capacity. In 2006, the defendant Daniel Barnes (hereinafter...

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